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Exam 4: Common Law,Statutory Law,And Administrative Law

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Question 21

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The doctrine of stare decisis,though vital to the creation of the common law when this country was settled,is not important to our modern,complex society.

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Question 22

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Common law,like statutory law,is prospective.

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Question 23

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Big Corporation is served with a subpoena to turn over business records to an administrative agency.What are three possible legal grounds the company can raise to avoid producing the requested records?

ATC,Inc.offered health insurance benefits to unmarried same-sex domestic partners but not to unmarried,cohabiting heterosexual couples.Ray,an employee of ATC,Inc.,challenged the benefit plan,claiming that it was in violation of Title VII of the Civil Rights Act.Under the Civil Rights Act,an employer may not discriminate against any individual on the basis of sex.Discuss the tools that a court may use in interpreting the Civil Rights Act.

Administrative agency rules consist of:

Even if a statute's words have ordinary,everyday significance,the court will look at the legislative history of the law and public policy in order to interpret the statute.

The last protected trait added by Congressman Smith of Virginia to the bill which became Title VII of the Civil Rights Act of 1964 was:

Tina wishes to learn what records the IRS has about her.Under the Freedom of Information Act (FOIA) ,

The Environmental Protection Agency was investigating whether Exgrow,Inc.violated the Clean Air Act.Exgrow refused to give the EPA its computerized reports concerning pollution.To get the reports,EPA should use:

Administrative agencies exist at the federal,state,and local levels.

Discuss the four most important limitations on the power of federal administrative agencies.

The concept of stare decisis focuses most on:

Because of the concept of stare decisis,the U.S.Supreme Court,in interpreting a statute in 2009,will necessarily interpret certain statutory language in the same way as the U.S.Supreme Court interpreted the same statutory language in 1971.

The Federal Trade Commission promulgated Telemarketing Sales Rules regulating the activities of telemarketers.One of the rules prohibits telemarketers from calling a person's residence at any time other than between 8:00 a.m.and 9:00 p.m.This legislative rule has the effect of a statute

Congresswoman Sloan introduced a bill in the House of Representatives.If the bill is approved by the House committee specializing in that subject,the bill will go to:

The Occupational Safety and Health Administration (OSHA)has proposed rules aimed at reducing repetitive-stress injuries.ATC,Inc.disagrees with the proposed rules.ATC,Inc.should challenge the proposed rules in court to prevent them from becoming final rules.

The U.S.Supreme Court was asked to decide whether same-sex sexual harassment is a violation of Title VII of the Civil Rights Act.This law forbids discrimination in employment on the basis of sex.In interpreting statutes,the court may use which of the following?

If the President vetoes a bill and if both the House and Senate repass the bill by a two-thirds margin,the bill becomes law.

SharCo and Blyron Productions are each applying for a television license.In deciding which applicant is better qualified,the FCC will hold an initial hearing before:

Which law regulates how federal agencies make rules,conduct investigations,hold meetings and hearings,obtain information,and reach decisions?